Lithuania filed a case against Belarus at the International Court of Justice (ICJ) on Monday, seeking damages in relation to the alleged large-scale smuggling of irregular migrants into Lithuania by the Lukashenko regime. The case revolves around alleged breaches by Belarus of its obligations under the UN Protocol against the smuggling of Migrants by Land, Sea and Air.

Lithuania accused Belarus of breaching its obligations under the protocol by facilitating, supporting and enabling the smuggling of migrants, and failing to prevent and detect the smuggling of migrants. In their application to the ICJ, Lithuania contends that Belarusian state-owned companies increased the number of flights from the Middle East, Africa, and Asia, and organized the issuance of visas and accommodations for incoming migrants. Once the migrants have arrived in Belarus, many of them were escorted by Belarusian security forces to the Lithuanian border and forced to cross illegally, often under dangerous and life-threatening conditions. Lithuania states that the migration crisis has posed a serious threat to its state border and has spent more than €200 million between 2021 and 2023 alone in dealing with the influx of migrants.

Lithuania’s Minister of Justice Rimantas Mockus said:

Lithuania’s reputation must be safeguarded, and the Belarusian regime must be held legally accountable for orchestrating the wave of illegal migration and the resulting human rights violations. Such legal actions not onyl address the immediate harm but also help establish important interpretations of international law that serve the common interest of the global community, deterring Belarus and other states from committing similar violations in the future.

In recent years, the number of migrants arriving from Belarus at the borders of EU member states has increased exponentially. Countries bordering Belarus, such as Poland and Lithuania, have accused Belarus of facilitating mass migration. In December the EU supported Poland and other eastern European countries in temporarily suspending asylum rights when they believe that Belarus and Russia are “weaponizing” migrants to destabilize the bloc.

Lithuania seeks relief from the ICJ that Belarus has breached its obligations under the protocol, and an order declaring that Belarus must make full reparation for the injury caused, including compensation for the material losses, damages, injuries and costs incurred by Lithuania for dealing with the irregular migrants crisis.